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Why Ted Cruz is constitutionally qualified to be president
American Thinker ^ | March 3, 2015 | Pedro Gonzales

Posted on 03/03/2015 5:44:58 PM PST by 2ndDivisionVet

I read the comments sections on my articles. One of the comments I see consistently is "I like Ted Cruz, but I am worried he is not constitutionally qualified to be president."

So I decided to look into the issue.

After doing some research, here's what I discovered:

Ted Cruz was born in Canada. He had (past tense) Canadian citizenship, which he was entitled to automatically, having been born in Canada, and which he has since renounced. He was also born with American citizenship. His mother was an American; his father was not.

The Constitution says any candidate for president must be 35 years of age, a resident within the United States for 14 years and a "natural born citizen."

The question then is, what is a natural born citizen? I don't think there is any doubt that being born abroad doesn't prevent Cruz from being a natural born citizen. If so, any children born to American parents while abroad wouldn't be Americans. That makes no sense. And to eliminate doubt, Congress expressly passed a law saying children of Americans born outside America were in fact natural born Americans.

The Nationality Act of 1940 outlines which children become “nationals and citizens of the United States at birth.” In addition to those who are born in the United States or born outside the country to parents who were both citizens — or, interestingly, found in the United States without parents and no proof of birth elsewhere — citizenship goes to babies born to one American parent who has spent a certain number of years here...

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: eligibility; naturalborncitizen; tedcruz
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To: TexasGunLover

No, that is what some of you said. Jerome Corsi said Obama was born in Kenya, then said Wilbur Davis Marshall father.

I have been consistent since 2008.


21 posted on 03/03/2015 6:51:18 PM PST by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush - stay outta da Bushesh)
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To: ricmc2175

This crap that is not in the Constitution. Reading this makes my head hurt.


22 posted on 03/03/2015 6:52:59 PM PST by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush - stay outta da Bushesh)
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To: 2ndDivisionVet
The Nationality Act of 1940...

Natural law versus positive law.
Natural born citizens don't need positive (man made) law to establish citizenship.

It isn't that hard to understand and it isn't rocket science.

23 posted on 03/03/2015 6:53:05 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: TexasGunLover

http://legalinsurrection.com/2013/09/natural-born-citizens-marco-rubio-bobby-jindal-ted-cruz/


24 posted on 03/03/2015 6:55:08 PM PST by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush - stay outta da Bushesh)
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To: Perdogg

CRUZ was not born on US soil. This is what the dhimmicrats will say 24/7.
He is not elegible


25 posted on 03/03/2015 6:58:08 PM PST by South Dakota (shut up and build a bakken pipe line)
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To: Perdogg

CRUZ was not born on US soil. This is what the dhimmicrats will say 24/7.
He is not elegible


26 posted on 03/03/2015 6:58:25 PM PST by South Dakota (shut up and build a bakken pipe line)
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To: 2ndDivisionVet
THE TERM "POSITIVE LAW"
In general, the term "positive law" connotes statutes, i.e., law that has been enacted by a duly authorized legislature. [2] As used in this sense, positive law is distinguishable from natural law. The term "natural law", especially as used generally in legal philosophy, refers to a set of universal principles and rules that properly govern moral human conduct. Unlike a statute, natural law is not created by human beings. Rather, natural law is thought to be the preexisting law of nature, which human beings can discover through their capacity for rational analysis. (emphasis in the original)

Rational analysis seems to have disappeared in many places.

27 posted on 03/03/2015 7:24:16 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: 2ndDivisionVet

“The question then is, what is a natural born citizen? I don’t think there is any doubt that being born abroad doesn’t prevent Cruz from being a natural born citizen. If so, any children born to American parents while abroad wouldn’t be Americans. That makes no sense. And to eliminate doubt, Congress expressly passed a law saying children of Americans born outside America were in fact natural born Americans.”

Acts of federal politicians not withstanding it makes no sense to have such a concept as “natural born Citizen” unless it is distinguished from anther kind of citizen
‘naturalized’ or otherwise.


28 posted on 03/03/2015 7:27:13 PM PST by Monorprise
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To: Perdogg
All we know from the text itself is that to be President one must be a citizen by virtue of birth, not some other method of obtaining citizenship.

Yet he says this earlier...

Under the law existing at the time of their birth, each became a citizen of the United States at birth. Rubio and Jindal by the 14th Amendment, Cruz by statute.

Isn't the 14th Amendment "some other method"?

29 posted on 03/03/2015 7:33:47 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: South Dakota

Neither was Juan McCain...


30 posted on 03/03/2015 7:45:42 PM PST by BreezyDog
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To: 2ndDivisionVet

If Obama was eligible to serve as President, then just about anybody is.


31 posted on 03/03/2015 7:51:38 PM PST by Milton Miteybad (I am Jim Thompson. {Really.})
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To: 2ndDivisionVet

After OMuslim anybody who is willing to put their hand over their heart for the Pledge of Allegiance is eligible.


32 posted on 03/03/2015 7:51:59 PM PST by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Perdogg
And there is this as well...

The British term “natural born Subject” as well as concepts of “natural law” were not clearly relied upon by the Framers, and are in themselves not clearly contradictory to this plain reading of the text.

Both the First and Second Amendments prove the emboldened portion of that statement to be totally absurd.

Nice compilation. However, as you might guess, I disagree with his conclusions.

33 posted on 03/03/2015 7:56:36 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: ricmc2175

Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence, so they were not citizens of the United States.


34 posted on 03/03/2015 8:16:39 PM PST by Verginius Rufus
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To: 2ndDivisionVet

his mother was an American citizen


35 posted on 03/03/2015 8:29:54 PM PST by sten (fighting tyranny never goes out of style)
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To: QuisCustodiet1776

if we do that, then there is no integrity and the Constitution is already dead.

REQUIRE , nay... DEMAND they adhere to the Constitution as it’s the LAW


36 posted on 03/03/2015 8:31:13 PM PST by sten (fighting tyranny never goes out of style)
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To: BreezyDog

Actually McCain was born in a hospital near where his father was stationed.
Juan was considered to have been born on US soil because of this.
Cruz was not born on US soil.
The fact that his father is or was a foreign national disqualifies him


37 posted on 03/03/2015 8:35:30 PM PST by South Dakota (shut up and build a bakken pipe line)
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To: Verginius Rufus
Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence, so they were not citizens of the United States.

For your edification...

Article 2, Section 1, Clause 5
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

38 posted on 03/03/2015 8:35:59 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Verginius Rufus
Both of Thomas Jefferson’s parents died before the adoption of the Declaration of Independence...

Weren't they dead before the Constitution was signed too?

39 posted on 03/03/2015 8:37:54 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: South Dakota
The fact that his father is or was a foreign national disqualifies him

Wasn't BHO Sr. a foreign national here on a student visa?

40 posted on 03/03/2015 8:39:52 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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